Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Wetlands Protection
Section R. 281.921 - Definitions
Universal Citation: MI Admin Code R. 281.921
Current through Vol. 24-04, March 15, 2024
Rule 1.
(1) As used in these rules:
(a) "Act" means Act No. 203 of
the Public Acts of 1979, being S281.701 et seq. of the Michigan Compiled
Laws.
(b) "Contiguous" means any of
the following:
(i) A permanent surface water
connection or other direct physical contact with an inland lake or pond, a
river or stream, one of the Great Lakes, or Lake St. Clair.
(ii) A seasonal or intermittent direct
surface water connection to an inland lake or pond, a river or stream, one of
the Great Lakes, or Lake St. Clair.
(iii) A wetland is partially or entirely
located within 500 feet of the ordinary high watermark of an inland lake or
pond or a river or stream or is within 1,000 feet of the ordinary high
watermark of one of the Great Lakes or Lake St. Clair, unless it is determined
by the department, pursuant to R 281.924(5), that there is no surface water or
groundwater connection to these waters.
(iv) Two or more areas of wetland separated
only by barriers, such as dikes, roads, berms, or other similar features, but
with any of the wetland areas contiguous under the criteria described in
paragraph (i), (ii), or (iii) of this subdivision. The connecting waters of the
Great Lakes, including the St. Marys, St.Clair, and Detroit rivers, shall be
considered part of the Great Lakes for purposes of this definition.
(c) "General permit" means a
permit which, as authorized by section 10 of the act, is issued for categories
of minor activities, as defined in subdivision (f) of this subrule.
(d) "Individual permit" means a permit which,
as authorized by sections 7, 8, and 9 of the act, is issued for categories of
activities that are not classified as minor.
(e) "Inland lake or pond, a river or stream"
means any of the following:
(i) A river or
stream which has definite banks, a bed, and visible evidence of a continued
flow or continued occurrence of water.
(ii) A natural or permanent artificial inland
lake or impoundment that has definite banks, a bed, visible evidence of a
continued occurrence of water, and a surface area of water that is more than 5
acres. This does not include lakes constructed by excavating or diking dry land
and maintained for the sole purpose of cooling or storing water and does not
include lagoons used for treating polluted water.
(iii) A natural or permanent artificial pond
that has permanent open water with a surface area that is more than 1 acre, but
less than 5 acres. This does not include ponds constructed by excavating or
diking dry land and maintained for the sole purpose of cooling or storing water
and does not include lagoons used for treating polluted water.
(f) "Minor activities" means
activities that are similar in nature, that will cause only minimal adverse
environmental effects when performed separately, and that will have only
minimal cumulative adverse effects on the environment.
(g) "Wetland vegetation" means plants that
exhibit adaptations to allow, under normal conditions, germination or
propagation and to allow growth with at least their root systems in water or
saturated soil.
(2) As used in the act:
(a) "Electric distribution
line" means underground lines below 30 kilovolts and lines supported by wood
poles.
(b) "Electric transmission
line" means those conductors and their necessary supporting or containing
structures located outside of buildings that are used for transmitting a supply
of electric energy, except those lines defined in subdivision (a) of this
subrule.
(c) "Pipelines having a
diameter of 6 inches or less" means a pipe which is equal to or less than what
is commonly referred to as a 6-inch pipe and which has an actual measured
outside diameter of less than 6.75 inches.
(3) Terms defined in the act have the same meanings when used in these rules.
An obvious error in R R 281.921 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in AACS 1988. The memorandum requesting the correction was published in Michigan Register, 2008 MR 18
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